"The Company" means Pennine Helicopters Ltd; or Helicopter Pleasure Flights of Manchester.

"The Customer" means the person, firm, company or association whose order for the Hire of the Helicopter is accepted by the company;

"The Helicopter" means the aircraft to be hired by the Customer.

"Hire" means the charter or use of the Helicopter for the sole use of the Customer or a pleasure flight on the Helicopter either with or without other Customers.

2.1 No contract for the Hire of the Helicopter shall arise between the parties unless and until the Company shall have accepted an order by the Customer or the Company shall have accepted an offer from the Customer (made in the absence of a prior quotation of the Company) or the Company has sold to the Customer a voucher or boarding pass for a flight on the Helicopter. Any contract arising between the parties shall be subject to these conditions which shall govern the contract to the exclusion of any other terms and conditions subject to which any offer or order is made or purported to be made by the Customer.

2.2 The Customer acknowledges that it does not rely on, and waives any claims for breach of, any oral representations or recommendations which are not confirmed in writing by the Company.

2.3 Any typographical, clerical or other error or omission in any document or information issued by the Company shall be subject to correction without any liability on the part of the Company.

2.4 The Company shall be entitled to substitute for the Helicopter other reasonably suitable alternative aircraft without limitation as to type or configuration whether or not operated by the Company.

2.5 All ground and operating personnel are authorised to take orders only from the pilot of the Helicopter unless specific contrary written agreement shall have been made by the Company and the Customer.

2.6 The pilot shall have complete discretion concerning the load carried on the Helicopter, including the number of passengers, the amount of any luggage, cargo or underslung load, the distribution of the same, as to whether or not any flight should be undertaken, as to where landings or take offs should be made and as to all other matters relating to the operation of the Helicopter and the Customer shall accept all such decisions of the pilot as final and binding.

2.6.1 To the fullest extent permitted by law the Company shall not be liable to the Customer for any loss damage costs or claims of whatsoever nature and howsoever arising in contract or tort (including negligence) or otherwise as a result of any decision taken for reasons of safety.

2.7 Any flight times shown on an order confirmation voucher/boarding pass or advertising literature are approximate only and the Company has the right to deviate from flight timings if in its opinion such deviation is desirable or necessary.

2.8 The Company is entitled to use for any purpose any part of the Helicopter not taken up by the Customer.

3.1 No order which has been accepted by the Company may be cancelled by the Customer except with the agreement in writing of the Company and on terms that the Customer shall indemnify the Company in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Company as a result of cancellation.

3.2 Under no circumstances shall the Customer be entitled to the return of any monies paid whether by way of deposit or full or part payment for the Hire of the Helicopter consequent upon cancellation of the contract by the Customer.

3.3 The Company shall be entitled to cancel or suspend the contract at any time if the Company in its absolute discretion considers the weather conditions to be unsuitable. To the fullest extent permitted by law the Company accepts no liability in respect of any cancellation, suspension or delay of the contract, and shall only repay any monies paid by the Customer or a part thereof if and to the extent that it considers it reasonable to do so.

3.4 The Company shall in any event be entitled to charge the Customer 10% of the total price payable under the contract should the Company cancel or suspend the contract pursuant to this clause 3. Such amount may be deducted from any monies paid by the Customer.

3.5 Any contract entered into by the Customer with the Company shall automatically be cancelled but without prejudice to any rights which the Company may have hereunder or otherwise at law twelve months from the date of such contract unless the Company shall otherwise agree whereupon the Company shall be entitled to keep all monies paid by the Customer under the Contract.

4.1 The price for Hire of the Helicopter shall be the Company's quoted price. All prices quoted are valid for 30 days only or until earlier notification is given by the Customer that it wishes to charter the Helicopter at the quoted price and payment of the full quoted price has been made by the Customer to the Company.

4.2 The Company reserves the right, by giving notice to the Customer at any time before the date of Hire, to increase the price for the Hire of the Helicopter to reflect any increase in the cost to the Company which is due to any factor beyond the control of the Company (including but not limited to any foreign exchange fluctuations, currency regulations, increases in the price of fuel), or to any delay caused by any instructions of the Customer or failure of the Customer to give the Company adequate information or instructions.

4.3 In addition to the price set out on the order confirmation, voucher or boarding pass the Company shall be entitled to charge the Customer for any hour or part thereof during which the Helicopter is hired to the Customer whether solely or with other Customers in excess of the hours specified on the order confirmation, voucher or boarding pass. Such additional amount will be charged at the hourly flying time and/or ground time charge for the time being charged by the Company specified on the order confirmation, voucher or boarding pass and will be payable within 2 days of the date of the invoice in respect thereof.

4.4 Unless otherwise stated all prices quoted are exclusive of VAT but inclusive of fuel costs and all or any other costs incurred by the Company including but not limited to positioning and landing charges, ground support fuel unit costs, accommodation and ground crew costs.

5.1 The Company shall be entitled to invoice the Customer for all sums due under the contract on or at any time after the date of the contract.

5.2 The Customer shall unless otherwise stipulated by the Company pay 50% of the price on the date of booking and the balance (which shall include all disbursement costs incurred by the Company) prior to the commencement of the Hire by means of cleared sterling funds or in such manner as the Company may have previously specified in writing.

5.3 If the Customer fails to make any payment by the due date then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:

5.3.1 cancel the contract or suspend any further contracts with the customer;

5.3.2 appropriate any payment made by the Customer as the Company may think fit (notwithstanding any purported appropriation by the Customer); and

5.3.3 charge the Customer interest (both before and after any judgement) on the amount unpaid, at the rate of four per cent per annum above National Westminster Bank Plc's base rate from time to time, until payment in full is made, such interest being deemed to accrue on a daily basis.

5.4 The Customer shall have no right of set-off, statutory or otherwise.

5.5 The Company reserves the right at any time at its discretion to demand security for payment before commencing the Hire.

5.6 The Company reserves the right to exercise a lien over all or any goods of the Customer in the possession of the Company in respect of any monies due to the Company (together with VAT thereon) or for any other reason or purpose whether due in respect of the Hire of the Helicopter.

6.1 The Helicopter and pilot shall be available on the date and during the times shown in the Company's order confirmation.

6.2 The Customer shall ensure that all persons within or around the Helicopter observe all safety procedures outlined on the Company's passenger safety card, and that all persons working within, around or with the Helicopter have received a safety and guidance briefing from the Company.

6.3 All slung loads are carried at the Customer's risk. The Company does not carry insurance for slung loads.

6.3.1 The customer shall be responsible for:

(a) handling all material and preparing all slung cargo;
(b) ensuring all loads are within the maximum recommended lifting weight as set out on the order confirmation or otherwise specified by the company.

7.1 Except in respect of death or personal injury caused by the Company's negligence, and to the fullest extent permitted by law, the Company shall not be liable to the Customer or any third party for any direct or indirect loss whatsoever arising out of or in connection with the Hire of the Helicopter or its use by the Customer, except as expressly provided in these conditions.

7.2 To the fullest extent permitted by law the Company accepts no liability for the loss of or damage to any possessions or property whether real or personal of the Customer or under the Customer's control.

7.3 To the fullest extent permitted by law the Company shall not be liable to the Customer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of the Company's obligations in relation to the Hire of the Helicopter, if the delay or failure was due to any cause beyond the Company's reasonable control.

7.4 The Customer shall indemnify the Company against:

(i) all claims expenses damages and legal costs whatsoever in respect of any liability of whatsoever nature to third parties (including, but not limited to,) any liability incurred by reason of the Helicopter being used in excess of the hours specified overleaf; and
(ii) any damage of whatsoever nature caused to the Company, its servants or agents, or to any aircraft or any equipment belonging to the Company its servants or agents arising out of any act or omission of the Customer its servants or agents whether tortious or constituting a breach of the contract.

7.5 If in the opinion of the Company the Customer has or is about to commit any act of bankruptcy or insolvency and the Company notifies the Customer accordingly then without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel or suspend the contract without any liability to the Customer, and if the Hire has taken place but not been paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

8.1 Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to that other party at its registered office (in the case of the Company) or the address on the order confirmation (in the case of the Customer).

8.2 No waiver by the Company of any breach of the contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.

8.3 If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected thereby.

8.4 The contract may not without the prior written consent of the Company be assigned by the Customer to any third party.

8.4.1 The contract is entered into by the Customer both on his or its own behalf and as agent for all persons and owners of all goods carried in or by the Helicopter.

8.5 The construction validity and performance of the contract and all matters pertaining thereto shall be governed in all respects by English law and the parties hereto hereby submit to the exclusive jurisdiction of the English courts.

8.6 The parties acknowledge that the contract is taken in accordance with Regulation (EC) No. 889/2002, the legislation of which became effective from 28th June 2004, in which the following conditions apply:

8.6.1 This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.

8.6.2 There are no financial limits to the liability for passenger injury or death. For damages up to 100,000 SDRs (approximately £82,000) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.

8.6.3 If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs (approximately £13,000).

8.6.4 In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4,150 SDRs (approximately £3,500).

8.6.5 In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1,000 SDRs (approximately £820).

8.6.6 The air carrier is liable for destruction, loss or damage to baggage up to 1,000 SDRs (approximately £820). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.

8.6.7 A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.

8.6.8 If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal.

8.6.9 If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.

8.6.10 Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.

8.6.11 The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No2027/97 (as amended by Regulation (EC) No889/2002) and national legislation of the Member States.